ORDER

1. The petitioner before this Court has filed this present petition being aggrieved by order of externment passed by the District Magistrate, Rajgarh dated 4.4.2019 under the provisions of M.P. Rajya Suraksha Adhiniyam, 1990. The petitioner is also aggrieved by the order passed by the appellate authority rejecting the appeal dated 13.8.2019.

2. The petitioner's contention is that Superintendent of Police has forwarded a report to the District Magistrate under section 5 of the M.P. Rajya Suraksha Adhiniyam, 1990 for taking action against the petitioner and thereafter a notice was issued to the petitioner. The petitioner has categorically stated that the notice dated 30.3.2019 was never served to the petitioner. The petitioner was never granted any opportunity of hearing of any kind and behind the back of the petitioner, the impugned order has been passed externing the petitioner for a period of one year dated 4.4.2019, against which appeal was preferred and the same has been dismissed.

3. A reply has been filed in the matter and the respondents in Para-4 of their reply have admitted that notice was not served to the petitioner at all. It has been stated that on 30.3.2019 when attempt was made to serve the notice, the petitioner was not available in the house and in those circumstances a Farari Panchnama was prepared. Thus, the respondents themselves have admitted that notice of any kind was never served to the petitioner at any point of time.

4. Sections 5 and 8 of the M.P. Rajya Suraksha Adhiniyam, 1990 reads as under:

"S.5. Removal of persons about to commit offence. - Whenever it appears to the District Magistrate-

(a) that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property; or

(b) that there are reasonably grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapters XII, XVI or XVII or under section 506 or 509 of the Indian Penal Code, 1860 (45 of 1860) or in the abatement of any such offence, and when in the opinion of the District Magistrate witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property; or

(c) that an outbreak of epidemic disease is likely to result from the continued residence of an immigrant;

the District Magistrate may, by an order in writing duty served on him or by beat of drum or otherwise as the District Magistrate thinks fit, direct such person or immigrant-

(a) so as to conduct himself as shall seem necessary in order to prevent violence and alarm or the outbreak or spread of such disease; or

(b) to remove himself outside the district or my part thereof or such area and any district or districts or any part thereof, contiguous thereto by such route within such time as the District Magistrate may specify and not to enter or return to the said district or part thereof or such area and such contiguous districts, or part thereof, as the case may be, from which he was directed to remove himself.

S.8. Hearing to be given before order under sections 3, 4, 5 or 6 is passed.-

(1) Before an order under sections 3, 4, 5 or 6 is passed against any person, the District Magistrate shall inform the person in writing of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an explanation regarding them.

(2) If such person makes an application for the examination of any witness produced by him, the District Magistrate shall grant such application and examine such witnesses unless for reason to be recorded in writing, the District Magistrate is of opinion that such application is made for the purpose of vexation or delay.

(3) Any written statement put in by such person shall be filed with the record of the case and such person s